The Calcutta High Court Bench comprising Justice Rajasekhar Mantha, in the case of M/s Pioneer Live Stock v. State of West Bengal and Ors. has directed the state to develop Standard Operating procedures for Cattle Trade. This was held by the Court so that fair trade of cattle can be ensured and a procedure could come up to manage smooth cattle trade, particularly from West Bengal to north-eastern states.
Background of the Case
In the present case, Petitioner was aggrieved by the actions of police authorities who interrupted in his course of business regarding the transfer of cattle to Meghalaya from West Bengal. Petitioner's truck was stopped and was not allowed to move, his cattle were seized by the authorities. Moreover, the truck driver was being arrested. Therefore, Petitioner approached this Court to claim appropriate relief.
Submissions made by the Counsels
Counsel for the petitioner submitted that Petitioner is a bona fide trader within the country. There were documents annexed to the writ application that indicates that the petitioner supplied cattle to the Government of Meghalaya earlier also. Therefore, Authorities' interruption with transportation is not justified.
Counsel for the State submitted that the State in principle cannot have any objection to the trade engaged in by the petitioner to supply cattle to Meghalaya but since the State of West Bengal has a border with the foreign country and in view of large incidents of cattle smuggling, the State police at various locations are required to be doubly vigilant.
Order of the Court
The Court was of the view that the State shall adopt a Standard Operating Procedure to not interrupt genuine trade of cattle within the country particularly from West Bengal to the North Eastern States of India. This Court allowed the Petitioner to transport his cattle to Meghalaya subject to formalities.
The court stated that,
“In that view of the matter, the Inspector General of Police, North Bengal being the respondent no. 3 herein in consultation with any other necessary authorities, shall prepare a Standard Operating Procedure for the purpose of strict compliance by any trader of cattle and livestock from West Bengal to other States and within the country.
The petitioner shall supply any further documents and inputs for the aforesaid purpose. It is expected that the aforesaid Standard Operating Procedure would be finalized as expeditiously as possible preferably within a period of three months from the date of communication of this order Pending the establishment of the Standard Operating Procedure, the Inspector General of Police, North Bengal may at its discretion allow the petitioner to transport his cattle to the State of Meghalaya subject to compliance of all necessary formalities. With the aforesaid directions, the writ petition is disposed of”.
Read Order ;
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